Article XIII – Sovereign Immunity

Section 1. Sovereignty. The Eastern Band of Cherokee Indians affirms that it is a sovereign nation with all rights and privileges attendant thereto. The Eastern Band of Cherokee Indians shall be conclusively immune from any cause whatsoever as an established sovereign.

Section 2. Limited Waiver. The Eastern Band of Cherokee Indians expressly waives the Tribe’s sovereign immunity for claims brought in the Cherokee Court system seeking injunctive or declaratory relief concerning any rights guaranteed by this Constitution.

(January 2022 draft + commentary to view the corresponding explanation.)